Barbieri v Fairfield City Council

[1999] NSWCA 405

NSW Court of Appeal

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Interrogate

Catchwords

1. Tort Law
2. › Negligence
3. › Highway authorities
4. › Non-feasance immunity
5. › Whether stormwater drain part of the highway
6. › Whether removal of barricade erected by resident constituted misfeasance
1. Tort Law
2. › Negligence
3. › Highway authorities
4. › Non-delegable duty of care
5. › Roadworks carried out by independent contractor
6. › Whether council liable for damage caused by contractor's truck outside scope of authorised works
1. Tort Law
2. › Negligence
3. › Highway authorities
4. › Duty to inspect
5. › Whether duty to inspect arose where council not active agent in creating danger
1. Tort Law
2. › Vicarious liability
3. › Independent contractors
4. › Whether principal liable for unauthorised act of contractor's employee

Quick Take

A highway authority's non-feasance immunity extends to stormwater drains constructed as part of road infrastructure. The removal of a barricade placed without authority by a third party over a known danger does not constitute misfeasance by the highway authority, even if the authority's employees were aware of the danger. A council is not vicariously liable for damage caused by an independent contractor's truck where the damaging act was outside the scope of the authorised works.